Res P-05-28
RESOLUTION NO. P-05-28
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP (TPM) 04-04 AND VARIANCE 04-14
ASSESSOR'S PARCEL NUMBERS 323-032-30 and 33
WHEREAS, a request for a Tentative Parcel Map (TPM 04-04) was submitted by
Khalid Jamil to subdivide 2 lots, with a combined acreage of 1.0 acres, into 4 residential
lots, which range in size from 6,633 square feet to 13,167 square feet. The request also
includes a Variance (VAR 04-14) to allow portions of the two existing residences, which
are part of the proposed subdivision, to remain and encroach into the required side and
rear yard setbacks; and
WHEREAS, on April 26, 2005, the City Council held a public hearing on the
above-referenced item; and
WHEREAS, the City Council has read and considered the agenda report for the
proposed project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environmental Initial Study was completed on the project and it was
determined that the establishment of the proposed uses of the property will not have a
significant adverse impact on the environment since potential impacts are less than a
level of significance by the recommended conditions of approval. It is recommended
that a Negative Declaration be approved.
Section 2: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative Parcel Map 04-04, are made
as follows:
A. The Tentative Parcel Map is consistent with the General Plan in that it proposes
to create 4 residential parcels at densities consistent with the General Plan and
Poway Municipal Code designations.
B. The design and improvements required of the Tentative Parcel Map are
consistent with all applicable general and specific plans in that the approved lot
sizes and configurations adhere to the development standards of the General
Plan and Poway Municipal Code.
C. The site is physically suitable for the type of development and the density
proposed, in that the site is large enough to provide 4 lots of regular shape and
dimension and has access to a public street, Garden Road.
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Page 2
D. The design of the Tentative Parcel Map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or their
habitat, in that the project is an in-fill project on a previously disturbed property.
E. The approval is not likely to cause serious public health problems, in that City
water and sewer service are available to the site.
F. The design of the Tentative Parcel Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within the
subdivision, in that the development of single-family residences on the proposed
lots can be accommodated without obstructing or otherwise impacting existing
easements.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 04-14 to allow Parcel 1 to observe a 6-foot rear yard setback
rather than the required 20-foot setback, and observe a 9.3 foot front yard setback
rather than the required 18 foot setback as shown on the Tentative Map dated
December 23,2004, and allow Parcel 2 to observe a 14.58 foot rear yard setback rather
than the required 20 foot setback, and observe a 14.31 and 16 foot front yard setback
rather than the required 18 foot setback as shown on Tentative Map dated December
23, 2004, and on file in the Planning Division office are made as follows:
A. That there are special circumstances applicable to the property in that:
On Parcel 1 - There is an existing single-family home on the property that
constrains the location of the access easement and the strict application of the
Zoning Code street yard setback for the house would deprive the property of
privileges enjoyed by other properties in the vicinity and same zone. The existing
single-family residence also encroaches into the rear yard setback and they are
unable to meet the required setbacks.
On Parcel 2 - There is an existing single-family home on the property that
constrains the location of the access easement and the strict application of the
Zoning Code street yard setback for the house would deprive the property of
privileges enjoyed by other properties in the vicinity and same zone. The
existing single-family residence also encroaches into the rear yard setback and
they are unable to meet the required setbacks.
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the
other lots in the Garden Road area have been allowed to subdivide in
accordance with the Poway Municipal Code.
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On Parcel 1 - The granting of the Variance allows the property owner to
subdivide as others in the vicinity are able to do, while legalizing an existing non-
conforming rear yard setback.
On Parcel 2 - The granting of the Variance allows the property owner to
subdivide the property, as other owners in the vicinity are able to do, and also to
legalize an existing non-conforming rear yard setback.
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that:
On Parcel 1 - The proposed subdivision has been designed to comply with other
adopted subdivision standards, and there will be a minimum 13.5-foot separation
between the residence and the future proposed paved portion of the driveway to
the existing residence. The granting of the rear yard setback variance will not be
detrimental because it will be located in the rear of the property and is not visible
from a public street.
On Parcel 2 - The proposed subdivision has been designed to comply with other
adopted subdivision standards, and there will be a minimum of 18.5 feet from the
paved portion of the driveway to the existing residence. The granting of the rear
yard setback variance is not detrimental because it will be located in the rear of
the property and is not visible from a public street.
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone because the
Variance will allow the subdivision of property that is consistent with City Codes
and other subdivisions that have been approved in the vicinity and zone.
E. Granting the Variance would not allow a use not otherwise expressly authorized
by the RS-7 zone because single-family homes are a permitted use.
F. Granting the Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve the project. The
construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
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1. Private access roadway improvements will be constructed to
accommodate the project traffic impacts.
2. On-site drainage improvements will be constructed to handle the surface
water runoff.
3. A fire hydrant will be constructed to serve the development and provide
fire protection.
4. Water and sewer fees will be paid. On-site and off-site improvements will
be made to provide water and sewer service to the development.
5. Access to the site will be provided in accordance with City standards and
to ensure adequate emergency access.
Section 5: The City Council hereby approves Tentative Parcel Map 04-04 and Variance
04-14, to allow the subdivision of 1.0 acres of land into 4 residential lots, located at
14530-14548 Garden Road, in the Residential Single-Family 7 (RS-7) zone, and the
existing residences on Parcels 1 and 2 to encroach into the required front and rear yard
setbacks, as shown on the Tentative Parcel Map dated December 23, 2004, subject to
the following conditions:
A. This approval is not inclusive of the design of the proposed single-family homes.
Separate approval of the home design and footprints shall be applied for through
the Development Review/Minor Development Review Application process prior to
issuance of Building Permits.
B. Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
C. The developer is required to comply with the Poway Noise Ordinance
requirements that govern construction activity and noise levels.
D. Prior to Parcel Map approval, unless other timing is indicated, the following
conditions shall be complied with.
1. Within 30 days after City Council approval of the Tentative Parcel Map,
the applicant shall submit in writing to the City that all conditions of
approval have been read and understood.
(Engineering)
2. Within 30 days after City Council approval of the Tentative Parcel Map,
the subdivider shall make a reservation for a sewer Letter of Availability for
two Equivalent Dwelling Units (EDU) and pay the City a non-refundable
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Page 5
sewer connection fee of $942.40. This amount represents twenty percent
(20%) of the sewage connection fee.
3. Within 30 days after City Council approval of the Tentative Parcel Map,
the subdivider shall pay the City an additional 30% sewer connection fee
of $1,413.60. The remaining balance of the sewer connection fee, in the
amount of $2,356, shall be paid prior to Building Permit issuance.
4. This approval is based on the existing site conditions represented on the
Tentative Parcel Map. If actual conditions vary from representations, the
approved Tentative Parcel Map must be changed to reflect actual
conditions. Any substantial changes to the Tentative Parcel Map must be
approved by the Director of Development Services and may require
approval of the City Council.
5. Submittal of a Parcel Map to the City for review and approval. The Parcel
Map shall conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, the Land Surveyors Act, the
Resolution of Approval as approved by the City Council and shall be in
substantial conformance with the approved Tentative Parcel Map.
Appropriate map review fees shall be paid at time of submittal.
6. A private road and utility easement shall be created for parcels 1, 2, 3 and
4.
7. Show easements on map described in South Coast Title Company Report
Order No. 83869-23, Schedule B, Items D2, D4 and D5. The easements
shall show the County recordation number and date of recordation.
8. Post a cash deposit to the City, an amount equivalent to $100.00 per
sheet of the Parcel Map, for the photo mylar reproduction of the recorded
parcel map. If applicant/developer provides the City with the photo mylar
copy of the recorded Parcel Map within 3 months from recordation or prior
to Building Permit issuance to Parcel 1, whichever comes first, said cash
deposit shall thereafter be refunded to the depositor, otherwise it shall be
used by the City to pay for the reproduction of a photo mylar copy.
9. Easements and/or right-of-way dedications to the City within the limits of
the subdivision shall be made on the final Parcel Map. Water and sewer
mains and their appurtenances to be installed at locations other than
within public streets shall have an easement, a minimum of 20 feet wide
for each line, dedicated to the City.
10. A monumentation bond in an amount acceptable to the City Engineer shall
be posted.
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11. The City Engineer shall approve a Private Maintenance Agreement
between all the parcel owners to maintain the private road.
E. Prior to a Grading Permit, the applicant shall complete to the satisfaction of the
Director of Development Services:
(Planning)
1. A Master Tree Inventory shall be prepared on the property by a qualified
arborist or biologist. The species and diameter of the trunk shall be
indicated. The inventory shall be submitted to the Planning Division and
shall be used to identify any sensitive or mature tree(s) that will need to be
preserved.
(Engineering)
2. A grading plan is required for development of the lots, and shall be
prepared on mylar at a scale of 1"=20', and submitted to the Development
Services Department - Engineering Division for review and approval. As a
minimum, the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines.
Buildings shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of a Grading Permit.
b. Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code, and including
minimum structural sections together with their elevations and
grades.
c. A separate erosion control plan for prevention of sediment runoff
during construction.
d. A certificate signed by a registered civil engineer that the grading
plan has preserved a minimum of 100 square feet of solar access
for each dwelling unit and for each future building site within the
subdivision.
e. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Removal Agreement.
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Page 7
f. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work. Any utility improvements that are greater
than 36 inches in height will be required to be screened by
landscaping.
3. Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, City Storm Water Management and
Discharge Control Ordinance, and Drainage and Watercourses
Ordinance.
4. Pad elevations shown on the grading plan shall not increase by more than
two feet in height from the elevations shown on the approved tentative
Parcel Map, unless otherwise approved by the City Council.
5. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
6. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the subdivision and all
surface water flowing onto the subdivision from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
7. If grading of this project is to disturb one acre or more, the property owner
shall file with the State Regional Water Quality Control Board a Notice of
Intent (NOI) of coverage under the statewide General Permit that covers
storm water discharges. Proof of filing of the NOI and an assigned Waste
Discharge Identification Number shall be submitted to the Development
Services Department - Engineering Division prior to issuance of a Grading
or Building Permit. Applications may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123 (858) 467-2952
8. If grading of this project is to disturb one acre or more, the property owner
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that
effectively addresses the elimination of non-storm runoff into the storm
drain system. The SWPPP shall include, but not be limited to, an effective
method of hillside erosion and sediment control; a de-silting basin with a
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capacity of 3,600 cubic feet of storage per acre drained, or designed to
remove fine silt for a 10-year, 6-hour storm event; a material storage site;
measures to protect construction material from being exposed to storm
water control; and other means of Best Management Practices to
effectively eliminate pollutants from entering the storm drain system. The
engineer shall certify the SWPPP prior to issuance of the Grading Permit.
9. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained from throughout construction of the project. An
erosion control plan shall be prepared by the project civil engineer and
shall be submitted as part of the grading plan. The applicant/developer
shall make provisions to insure proper maintenance of all erosion control
devices.
10. Grading securities in the form of a performance bond and cash deposit, or
a letter of credit shall be posted with the City.
11. A Right-of-Way Permit shall be obtained from the Development Services
Department - Engineering Division for any work to be done in public street
rights-of-way or City-held easements.
12. The applicant/developer shall pay the following fees and post or pay the
grading securities:
a. Grading Permit, plan checking, inspection, Right-of-Way Permit,
and geotechnical review fees. The Grading Permit fee shall be
paid at first submittal of grading plans.
a. The driveway construction cost shall be included in the cost
estimates for plan checking and determination of inspection fees.
c. Posting and/or payment of grading securities. A $2,000 erosion
control cash security for each lot shall be posted with the City.
13. Submittal of a request for and then subsequently hold a pre-construction
meeting with a City Engineering Inspector. The applicant/developer shall
be responsible that necessary individuals, such as, but not limited to,
contractors, subcontractors, project civil engineer and project soils
engineer must attend the preconstruction meeting. At the pre-construction
meeting, the applicant shall present an Action Plan that identifies
measures to be implemented during construction to address erosion,
sediment, and pollutant control. Compliance for erosion control can be
provided using one or more of the following guidelines.
a. Provide an on-site desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained during grading operations.
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b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all areas prior to discharge, effectively creating a desiltation
basin from the pad.
14. Construction staking is to be inspected by the Engineering Inspector prior
to any clearing, grubbing or grading. As a minimum, all protected areas
as shown on the project plans are to be staked by a licensed surveyor and
delineated with lathe and ribbon. A written certification from the engineer
of work or a licensed surveyor shall be provided to the Engineering
Inspector stating that all protected areas are staked in accordance with the
approved project plans.
15. The drainage from each parcel shall not encroach on any other parcel or
neighboring properties unless a City Engineer approved drainage system
is designed.
16. The design of the private road shall be shown on the grading plan and
include the following:
a. Compliance with the specifications for private roads proVided in
Title 12 of the Poway Municipal Code, including minimum structural
sections together with its elevations and grades.
b. The private road profile.
c. The private road intersection with Garden Road shall be designed
to include handicap accessibility ramps on both sides in
accordance with the latest Americans with Disability Act Standards.
d. The fire apparatus turnaround shall meet the approval of the Poway
Fire Department.
17. All on-site and off-site project grading may be required to be conducted
outside the rainy season.
G. Prior to Building Permit issuance the applicant shall comply with the following:
(Engineering)
1. The final Parcel Map for TPM 04-04 shall be approved and recorded in the
office of the San Diego County Recorder and a mylar copy of the recorded
map shall be provided to the City.
Resolution No. P-05-28
Page 10
2. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the
approved soils report, and grading practices acceptable to the City.
3. Non-supervised or non-engineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City approved soils recommendations
and the approved grading plans.
4. If rock blasting is needed, prior to rock blasting, a pre-blast survey of the
surrounding properties shall be conducted to the satisfaction of the
Director of Development Services, and a Blasting Permit shall be obtained
from the Engineering Division. Seismic recordings shall be taken for all
blasting. Blasting shall occur only at locations and levels approved by the
Director of Development Services.
5. Rough grading of the lots is to be completed and meet the approval of the
City Inspector and shall include submittal of the following:
a. A certification of line and grade for each lot prepared by the
engineer of work.
b. A final soil compaction report for each lot for review and approval
by the City.
6. Parcel 3 and Parcel 4 shall have their own water line and sewer lateral
contained within the shared driveway to serve each respective parcel.
These lines shall be privately maintained.
7. Prior to delivery of combustible building materials, on-site water and sewer
systems shall satisfactorily pass all required tests.
8. Installation of fire hydrants at locations determined by the City Fire
Marshal. A water analysis may be required to analyze the fire hydrants
adequacy to City's standards for fire flow and pressure. Any additional
improvement recommendation made in the analysis shall be constructed.
Payment for preparation of the analysis shall be paid to the City upon
demand.
9. The City may require an improvement plan to be prepared, of which plan
checking and inspection fees shall be paid.
10. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
Resolution No. P-05-28
Page 11
effect at time of payment. If a 1" meter is required only as a result of fire
sprinklers, the '%" base capacity and SDCWA fees will be applicable.
Water base capacity fee (Resolution No. 91-123)
For W meter = $3,710.00 per meter
For 1" meter = $6,678.00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For '%" meter = $ 130.00 per meter
For 1" meter = $ 140.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge - To be paid by separate check, payable to San
Diego County Water Authority.
For '%" meter = $2,461.00 per meter
For 1" meter = $3,938.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee = $2,356.00 (Represents 50% payment,
assuming that 20% payment was made at reservation of sewer LOA and
30% payment made within 30 days after map approval)
Sewer cleanout fee = $50.00 per c1eanout
Sewer cleanout inspection fee = $25.00 per c1eanout
Traffic mitigation fee
= $1,320.00***
*** 2 parcels (Parcels 3 & 4) @ $660.00
Drainage fee
= $2,400.00
Drainage fee = $1,200.00 x 2 lots = $2,400.00
Park fee
= $5,440.00
Park fee = $2,720.00 x 2 lots = $5,440.00
H. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. A fire hydrant shall be located on Garden Road in the vicinity of the
access way, to the satisfaction of the Fire Marshal.
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Page 12
I. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
(Engineering)
1. Driveways, drainage facilities, slope landscaping and protection
measures, and utilities shall be constructed, completed, and inspected by
the Engineering Inspector. The driveway shall be constructed in
accordance with Poway Municipal Code, Section 17.08.170D, and its
structural section shall be shown on the grading plan.
2. All existing and new utilities within the project shall be placed
underground, to the satisfaction of the Director of Development Services.
3. An adequate drainage system around each building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
4. Record drawings for grading plans, signed by the engineer of work, shall
be submitted to Development Services prior to a request of occupancy,
per Section 16.52.130B of the Grading Ordinance. Record drawings shall
be submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
A copy of the approved record drawings on a disk in AutoCad format shall
be provided to the City.
5. The subdivider shall repair, to the satisfaction of the City Engineer, any
and all damages to public road improvements caused by construction
activity from this project.
Section 6: The approval of Tentative Parcel Map 04-04 and Variance 04-14 expires
on April 5, 2007, at 5:00 p.m. The Parcel Map conforming to this conditionally approved
Tentative Parcel Map shall be filed with the City so that the City may approve the Parcel
Map before this approval expires, unless at least 90 days prior to the expiration of the
Tentative Parcel Map a request for a time extension is submitted to the Development
Services Department and a time extension is subsequently granted by the City Council.
Section 7: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on April 26, 2005.
Resolution No. p- 05-28
Page 13
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 26th day of April 2005.
ATTEST:
ayor
L~Sh~'~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. P-05-28, was duly adopted by the City Council at a meeting of
said City Council held on the 26th day of April 2005, and that it was so adopted by the
following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD
NOES: NONE
ABSENT: CAFAGNA
DISQUALIFIED: NONE
>(~~
L. Diane Shea, City Clerk
City of Poway